Kurt F. Fernsler
Kurt F. Fernsler
Biography
Kurt F. Fernsler is a construction attorney with more than twenty five (25) years’ experience in representing general contractors, subcontractors, and owners in all stages of public and private construction projects, including contract drafting and negotiation, bid disputes, claim preparation, and defense and dispute resolution through litigation, arbitration, and mediation. Mr. Fernsler’s practice typically involves mechanics’ lien claims, performance and payment bond matters, delay, acceleration and inefficiency claim and construction defect claims. His litigation experience includes cases in state and federal court in Pennsylvania and West Virginia as well as Pennsylvania’s Board of Claims.
For many of his contractor clients, he also serves as “defacto” general counsel and assists with various types of corporate, employment, labor and real estate matters as well.
Prior to joining Burns White, Mr. Fernsler was a shareholder in a mid-size Pittsburgh-based law firm and prior to that was an associate in the construction law group of an international firm headquartered in Pittsburgh.
Mr. Fernsler is admitted to practice in Pennsylvania, West Virginia, the United States District Court for the Western and Middle Districts of Pennsylvania, and the United States District Court for the Southern District of West Virginia. He is a member of the Allegheny County and Pennsylvania Bar Associations. He received his J.D. from Duquesne University and graduated from the Pennsylvania State University with a B.S. in Finance.
Mr. Fernsler has remained active in various construction-related trade groups, and currently serves as an officer of the Pennsylvania Builders Exchange.
Credentials
Areas of Law
- Construction Law
- Corporate Law
- Employment and Labor
- Professional Liability
- Real Estate
Education
- Duquesne University (J.D., 1996)
- The Pennsylvania State University (B.A., 1992)
Bar and Court Admissions
- Commonwealth of Pennsylvania
- United States District Court for the Western District of Pennsylvania
- The Supreme Court of Appeals of West Virginia
- The United States District Court for the Southern District of West Virginia
Memberships
- Allegheny County Bar Association
- Pennsylvania Bar Association
- Pennsylvania Builders Exchange
Accolades & Involvement
Honors/Awards
- Selected for inclusion in Best Lawyers in America®, Construction Law Section, 2013 – Present
- Selected as one Pennsylvania Super Lawyers®, 2010 – 2018
Presentations
- Annual Construction Law Year in Review Seminar, Burns White LLC, Organizer and Presenter
- Construction Law Update, Master Interior Contractors Association Annual Retreat, Presenter
- 10 Drafting Tips for Construction Documents—Common Contracting Concerns of Project Participants, PBI’s A Day on Real Estate, Co-presenter, March 2015
- Prevailing Wage Law in Pennsylvania, Co-presenter Lorman Education Services, June 18, 2010
Publications
- “Significant Changes are Coming to the Davis-Bacon Act,” Breaking Ground Magazine, November 2022
- “COVID-19: Impact on PA Construction Industry” Burns White Insights, March 2020
- “Insurance and Bonding, ‘Miller Construction Guide,’” Co-author, CCH Incorporated, first published in 2003 with periodic updates
- “Pennsylvania Construction Law: Getting Started, Getting Covered, Getting Paid,” PBI Press, 2010, 2014